Legal Question in Family Law in California
My husband was in an accident at work- he got a settlement in a civil suit, and part of it went to an annuity- he gets $1000 a month, plus I had him get $15,000 a year for five years for the two older kids during their college years. Now that my oldest son is getting ready to go to college, his father's decided he wants the $15,000 for himself. (we have been separated for three years now, no alimony or support from him) Can I get the money assured to go to my son (and later my daughter)?
3 Answers from Attorneys
No. Legally you have rights to claim support for you and the children based on various factors including income, but you have no right to force an allocation to the children of his income, once each child turns 18 and is no longer a full time student in high school, or turns 19 regardless of student status.
You need to consult with an attorney who can review all the facts with you and give you specific legal advice about your rights.
You don't provide any information as to why the money he recovered as a result of an injury to him belongs to your son or daughter.
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